No Break For Sunpass Theft Victims

Report Loss Immediately To Avoid Fees

Like most drivers, Gary Keenan knows it's not a good idea to leave valuables like a wallet, briefcase or CDs in a car.

But a $25 toll pass?

Keenan and his employer discovered how expensive a stolen SunPass transponder can become after they got the credit card bill.

Someone had racked up almost $2,000 in unauthorized tolls on Florida's Turnpike using the small, plastic device swiped from one of 20 company trucks owned by Deck Tight Roofing Services Inc. in Fort Lauderdale.

"As soon as we opened the bill, we knew something was terribly wrong," Keenan said. Page after page showed toll charges stretching from Miami-Dade to St. Lucie counties during a 47-day spree earlier this year.

Had the problem been reported immediately, the company and SunPass could have worked out the charges. But company officials didn't spot the problem for at least a month. The tolls were linked to a company credit card and renewed automatically when the balance dipped to a certain amount.

By the time Keenan realized what had happened, it was too late. The roofing business was on the hook for the entire amount.

SunPass officials say manuals given to customers when they purchase transponders spell out their responsibility whenever the transponder is lost or stolen. The same information is repeated on the SunPass Web site and on the agreement customers sign when they join the program.

"It never occurred to us in a million years that someone like this could happen. We've never had any problems up until now," Keenan said. "I just hope that no one else ever has to go through the hassles we've put up with to straighten this mess out."

About 54,000 transponders have been reported lost or stolen out of 2 million sold since Florida's Turnpike Enterprise introduced the popular SunPass program in 1999.

Since the 1990s, when the gadgets began to revolutionize the way drivers pay tolls, transponders have been targets for thieves around the country.

In New York, E-ZPass transponders became targets of thieves who swiped them from city buses and used them to take free trips over the city's toll bridges.

In Orange County, Calif., dozens were stolen off dashboards in 1999 by people who figured out they were good for a free meal. A toll road agency there let motorists use the devices to buy food at McDonald's.

"There is no doubt as these devices become more useful in the types of transactions they can handle, they become more valuable," said Evelio Suarez, the turnpike's toll operations director.

Keenan and his employer accept their responsibility for paying the bill. But they also want justice. They want the person who took the SunPass prosecuted. But they've run into a snag.

SunPass officials know who used the stolen transponder but refuse to release the name to Keenan's employer, saying state law requires a court order to release SunPass records.

It's up to a law enforcement agency to get the court order, but Fort Lauderdale police say it's not their jurisdiction since the turnpike doesn't pass through the city.

"Why should one government agency force another government agency to get a subpoena to get information to identify the thief using the stolen SunPass?" said Fort Lauderdale police Detective Robert Dodder.

The turnpike has a photo enforcement system at all toll plazas that snaps pictures of license plates of every car, truck and motorcycle passing through.

The plates of two vehicles -- a 1995 Buick and a gasoline tanker truck -- were photographed numerous times and flagged as toll violators when they zipped through toll booths after the roofing company's transponder was canceled.

Suarez said the photos are available if police subpoena them.

"SunPass does not have any law enforcement powers. We go after anybody who does not pay a toll, but it's up to police to investigate the theft of the transponder," Suarez said.

SunPass has sent about 50 toll violation notices to the owner of the Buick and the tanker truck. It's not clear whether the same person owns the vehicles.

Turnpike spokeswoman Sonyha Rodriguez-Miller said the owner of the tanker has paid five citations totaling $125 while the owner of the Buick has paid one citation totaling $25.

Once citations go to court, she said fines vary from $70.50 to $154.50 depending on the court and judge.

Michael Turnbell can be reached at mturnbell@sun-sentinel.com or 561-243-6550.

SUNPASS TIPS

SunPass is available at turnpike service plazas, Publix and CVS Pharmacy. Call 888-865-5352, or go online at www.sunpass.com to activate an account.

Transponders cost $25, and customers must pay another $25 in prepaid tolls to open an account. In most cases, users save 25 cents on tolls on roads operated by Florida's Turnpike Enterprise.